Practice Overview

Joseph Indelicato, Jr., P.C. possesses valuable experience in various areas of family, probate, contract, and corporate law.  The firm has years of experience handling cases with children's issues including custody, enforcement, paternity suits, adoptions and terminations.  In addition, the firm has years of experience handling divorce cases with complex marital property issues, wills and probate, trust and estates, corporations, contracts, and Alternative Dispute Resolution.

Children's Issues

Custody Litigation

When a divorce involves children, there are many issues regarding parental rights that will need to be addressed.  Under Texas law, "joint custody" which titles each parent as a Joint Managing Conservator does not necessarily give each parent equal periods of possession, or access to the child.  The Family Code defines "Joint Managing Conservatorship" as the sharing of rights, privileges, duties, and powers of a parent.  For example, an exclusive power, such as the right to determine the residency of a child, may be given to one party.   In addition to conservator rights, there are issues such as possession and access to the child, i.e. visitation, child support, insurance, and geographic restrictions on the residence of the child.  

After a divorce is final, circumstances may change so that the order currently in place is no longer in the best interest of the children.  In such a case, a party can ask the court for a modification of the order. 

Cases involving children's issues are often complex due to the multitude of issues involved.  Joseph Indelicato, Jr., P.C. has the capability to handle such cases due to the extensive experience in representing clients with children in divorces and post-divorce modification suits.  Back to Top 

Joseph Indelicato, Jr., P.C. prepares each case as if it is going to trial.  This approach assists the firm to evaluate the case,  promote a favorable settlement, and prepare for litigation if an out-of-court settlement does not transpire.  Through years of trial experience in practicing family law, the firm is qualified to handle contested divorces and custody battles in  court.   

Enforcement

When a court order is rendered and a party is not abiding by the order, the other party must file a Motion for Enforcement with the court to make the individual obey the court order.  Enforcements are frequently used to obtain child support payments and execute visitation rights.  Joseph Indelicato, Jr., P.C. handles numerous enforcement cases, some involving new clients and others with prior clients who are having difficulties with the other party abiding by the court's order.  Back to Top

Paternity

The question of paternity and rights of biological fathers are frequently embedded in family law cases.  Once the paternity of a child is established, other issues such as custody, visitation, child support, and insurance become important issues to resolve.  Joseph Indelicato, Jr., P.C. represents fathers and mothers in paternity suits and related  children's issues.  Back to Top

Adoptions/ Terminations

The firm enjoys dealing with adoption cases because of the  positive impact on children's lives.  Joseph Indelicato, Jr., P.C. is quite often appointed, by the courts, as guardian and/or attorney ad litem to represent children in adoption proceedings.  The firm is familiar with the laws dealing with the termination of parental rights and the adoption process to effectively represent clients in adoption cases. Back to Top

 Complex Marital Property Issues

The firm together with outside experts including accountants, appraisers, business evaluators, and other financial advisors, can provide clients with the resources they need to evaluate their marital estate.  Property division and property classification are often important issues in divorce proceedings.  The firm has valuable experience in negotiating property settlement agreements and litigating property issues.  We have the expertise to prepare the Qualified Domestic Relations Orders (QDROs) necessary to divide pension and 401(k) plan benefits upon divorce.  The firm also has extensive experience drafting Prenuptial and Postnuptial Agreements for clients.  Back to Top

Wills & Probate

When clients wish to ensure the distribution of their estates upon their deaths, our firm has the expertise to effectively draft wills involving relatively simple matters such as distribution of assets to rather complex matters involving tax-sensitive trusts.  The firm focuses on each individual client's goals, concerns, assets, and family structure to customize the documents to fit the individual's needs, no matter how simple or complicated.

When a loved one dies, those left behind have to deal with matters relating to the individual's estate.  If the individual executed a will, the will needs to be probated.  If there is no will, an estate administration to transfer assets to the heirs is often necessary.  The firm has the experience to take clients through this emotional time to assist in the distribution and closing of the estate.  Back to Top 

Trusts & Estate Planning

Our primary goal is to assist families to have the best life possible.  When it comes to trusts and estate planning, our firm focuses on ensuring continued property management, protecting surviving family members, minimizing tax consequences, and other client concerns.   

Although most people think that trusts are for the wealthy, this is not always true.  Clients, often young parents, with limited assets create trusts for the benefit of their children.  Trusts can be created to support and educate children and the flexibility to distribute assets based on age, maturity, or individual needs.  Back to Top 

Corporations and Limited Liability Entities

The firm's focus in the area of corporate and limited liability entities is to help clients by drafting formation documents and maintaining corporate records.  The importance of having properly drafted formation documents and up-to-date records protects the client's liability in the operation of the entity.  Back to Top                                                                    

Contracts

Properly drafted contracts are invaluable for our clients to enforce promises between the contracting parties.  Many of the contracts our firm draft are employment contracts or business contracts.  Back to Top 

Alternative Dispute Resolution

A common form of Alternative Dispute Resolution is mediation.  Mediation is a proceeding where there is a mediator, a neutral third party with required mediation training, who meets with the parties to assist the parties in reaching a settlement agreement.  Most family courts and civil courts require parties to attend mediation prior to final trial.  Joseph Indelicato, Jr. is certified and trained in mediation and arbitration.  He often is hired by other lawyers for his mediation services to assist them in resolving family law cases.  Back to Top